Advanced International Journal for Research

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Volume 7 Issue 1
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Trial Court as Guardian of Electronic & Digital Record Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023: A Modern Approach--[Part-III]

Author(s) Mr. Sanjay Rambhau Salkute
Country India
Abstract The Bharatiya Sakshya Adhiniyam, 2023, does not provide a specific statutory definition of the term “expert,” yet judicial decisions have consistently explained that an expert is a person possessing special knowledge or skill acquired through study, practice, or experience. With the increasing use of electronic records in litigation, the role of experts has assumed greater importance, particularly under Sections 39, 50, and 63(4) of the Act. Section 63(4) mandates the filing of a Part-B certificate for the admissibility of electronic records, but the person issuing such a certificate is not necessarily a forensic analyst. The statutory scheme creates a functional distinction between two roles: the technical person who authenticates the electronic record for admissibility, and the forensic expert who analyses and interprets the record to assist the court on technical issues.
This paper (Part-III) examines the material role played by experts in relation to electronic evidence under the BSA, with special emphasis on the practical implications of Section 63(4) and the evidentiary value of expert opinions under Sections 39 and 50. It seeks to clarify the conceptual difference between authenticity and scientific interpretation, and explains how courts evaluate both aspects at different stages. The discussion is intended as a preliminary study for law students, using simplified illustrations to demonstrate the functional roles of technical and forensic experts. The illustrations are explanatory in nature and do not claim to be an exhaustive treatment of the subject and detailed forensic concepts.
Keywords Expert, forensic expert, digital expert, certificate part-B, digital opinion expert, electronic record
Published In Volume 7, Issue 1, January-February 2026
Published On 2026-02-11
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E-ISSN 3048-7641
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